Is the maternity leave or any other benefits law applicable for a company with 8 employees? - CiteHR
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Dear HRs, Greetings! Our company is a private limited company with 8 employees. I have some queries regarding maternity leave as one of the employees is willing to apply for maternity leave and she is currently expecting her 1st child.
1. How many weeks of maternity leave shall we need to approve to the employee?
2. How much salary shall we pay during the maternity period?
3. Do we need to provide any other benefits other than salary?
4. Is the maternity law applicable for a company with 8 employees?
Can anyone please enlighten me with the same?

Your 4th question is supposed to be the first question.
The MB act is applicable to all establishments employing 10 or more employees.
You claim that your Company's man power is 8 only. Please clarify whether you total manpower exceeded 10 in the past and now shrinked to 8.
If the total manpower is 8 from beginning then you will not come under the purview of MB Act.
As per the Act 182 paid leave to be given to the employee.

Thanks for your reply.
We started the company in the year 2015 with 5 employees and in the same financial year the employees reached to 15 and now they were 8 employees at present.
So please let me know whether we come under MB act.

ESI Act and Maternity benefits Act and Gratuity Acts are applicable in addition to Factories Act or Shops and Commercial establishments Act .
Whether you took the registration under Shops & Commercial Act?
As per you the strength of the establishment was 15. The MB Act is applicable if you have a valid registration under the act of shops & commercial esatblishment.

The Act is applicable if in last 12 months, the total number of employees strength exceed 10 employees.
The Act is applicable to Factories and Shops & Establishments.
If, the employee is covered under ESIC, then Maternity Benefit Act is not applicable and she need to avail the benefit under ESI scheme.
On the above basis if the Act is applicable then 26 weeks paid leave need to be given to the employee.
Adv. Manish Gadre

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